LegalizeReform history
Nationality and Borders Act 2022
18 versions
· 2022-04-28
2026-03-20
Nationality and Borders Act 2022
2025-10-15
Nationality and Borders Act 2022
2024-04-25
Nationality and Borders Act 2022
2024-01-01
Nationality and Borders Act 2022
2023-12-20
Nationality and Borders Act 2022
2023-11-20
Nationality and Borders Act 2022
2023-07-20
Nationality and Borders Act 2022
2023-06-29
Nationality and Borders Act 2022
2023-05-10
Nationality and Borders Act 2022
2023-04-12
Nationality and Borders Act 2022
Changes on 2023-04-12
@@ -351,9 +351,9 @@
- (6) A failure to comply with the duty under section 40(5) of the 1981 Act in respect of a pre-commencement deprivation order does not affect, and is to be treated as never having affected, the validity of the order.
- (7) In subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/36/section/10/6/2023-03-31), “*pre-commencement deprivation order*” means an order made or purportedly made under section 40 of the 1981 Act before the coming into force of subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/36/section/10/2/2023-03-31) to [(5)](https://www.legislation.gov.uk/ukpga/2022/36/section/10/5/2023-03-31) (whether before or after the coming into force of subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/36/section/10/6/2023-03-31)).
- (8) A person may appeal against a decision to make an order to which subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/36/section/10/6/2023-03-31) applies as if notice of the decision had been given to the person under section 40(5) of the 1981 Act on the day on which the order was made or purportedly made.
- (7) In subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/36/section/10/6/2023-04-12), “*pre-commencement deprivation order*” means an order made or purportedly made under section 40 of the 1981 Act before the coming into force of subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/36/section/10/2/2023-04-12) to [(5)](https://www.legislation.gov.uk/ukpga/2022/36/section/10/5/2023-04-12) (whether before or after the coming into force of subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/36/section/10/6/2023-04-12)).
- (8) A person may appeal against a decision to make an order to which subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/36/section/10/6/2023-04-12) applies as if notice of the decision had been given to the person under section 40(5) of the 1981 Act on the day on which the order was made or purportedly made.
### Registration of stateless minors
@@ -379,7 +379,7 @@
> (a) the nationality is the same as that of one of the person’s parents,
> (b) the person has been entitled to acquire the nationality since birth, and
> (c) in all the circumstances, it is reasonable to expect the person (or someone acting on their behalf) to take the steps which would enable the person to acquire the nationality in question.
> (3) For the purposes of sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/36/section/11/2/2023-03-31)(b), a person is not entitled to acquire a nationality if its acquisition is conditional on the exercise of a discretion on the part of the country or territory in question.
> (3) For the purposes of sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/36/section/11/2/2023-04-12)(b), a person is not entitled to acquire a nationality if its acquisition is conditional on the exercise of a discretion on the part of the country or territory in question.
> (4) A person entitled to registration under this paragraph—
> (a) is to be registered as a British citizen if, in the period of five years mentioned in sub-paragraph (1), the number of days wholly or partly spent by the person in the United Kingdom exceeds the number of days wholly or partly spent by the person in the British overseas territory;
> (b) in any other case, is to be registered as a British overseas territories citizen.
@@ -396,7 +396,7 @@
- (1) For the purposes of this section—
- (a) a refugee is a Group 1 refugee if they have complied with both of the requirements set out in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/36/section/12/2/2023-03-31) and, where applicable, the additional requirement in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/36/section/12/3/2023-03-31);
- (a) a refugee is a Group 1 refugee if they have complied with both of the requirements set out in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/36/section/12/2/2023-04-12) and, where applicable, the additional requirement in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/36/section/12/3/2023-04-12);
- (b) otherwise, a refugee is a Group 2 refugee.
@@ -410,7 +410,7 @@
- (3) Where a refugee has entered or is present in the United Kingdom unlawfully, the additional requirement is that they can show good cause for their unlawful entry or presence.
- (4) For the purposes of subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/36/section/12/3/2023-03-31), a person’s entry into or presence in the United Kingdom is unlawful if they require leave to enter or remain and do not have it.
- (4) For the purposes of subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/36/section/12/3/2023-04-12), a person’s entry into or presence in the United Kingdom is unlawful if they require leave to enter or remain and do not have it.
- (5) The Secretary of State or an immigration officer may treat Group 1 and Group 2 refugees differently, for example in respect of—
@@ -432,9 +432,9 @@
- (d) whether a condition under section 3(1)(c)(ii) of the Immigration Act 1971 (no recourse to public funds) is attached to any period of limited leave to enter or remain that is given to the person.
- (7) But subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/36/section/12/6/2023-03-31) does not apply to family members who are refugees themselves.
- (8) Immigration rules may include provision for the differential treatment allowed for by subsections [(5)](https://www.legislation.gov.uk/ukpga/2022/36/section/12/5/2023-03-31) and [(6)](https://www.legislation.gov.uk/ukpga/2022/36/section/12/6/2023-03-31).
- (7) But subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/36/section/12/6/2023-04-12) does not apply to family members who are refugees themselves.
- (8) Immigration rules may include provision for the differential treatment allowed for by subsections [(5)](https://www.legislation.gov.uk/ukpga/2022/36/section/12/5/2023-04-12) and [(6)](https://www.legislation.gov.uk/ukpga/2022/36/section/12/6/2023-04-12).
- (9) In this section—
@@ -666,7 +666,7 @@
- (2) An “evidence notice” is a notice requiring the recipient to provide, before the specified date, any evidence in support of the claim.
- (3) Subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/36/section/18/5/2023-03-31) applies if the recipient of an evidence notice provides the Secretary of State or an immigration officer with evidence in support of the claim on or after the specified date.
- (3) Subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/36/section/18/5/2023-04-12) applies if the recipient of an evidence notice provides the Secretary of State or an immigration officer with evidence in support of the claim on or after the specified date.
- (4) Subsection (5) also applies if the recipient of an evidence notice provides the First-tier Tribunal, the Upper Tribunal (when acting in the circumstances mentioned in section 22(9)) or the Special Immigration Appeals Commission with evidence in support of the claim where the evidence—
@@ -682,7 +682,7 @@
##### 19
- (1) Section 8 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (claimant’s credibility) is amended in accordance with subsections (2) to [(6)](https://www.legislation.gov.uk/ukpga/2022/36/section/19/6/2023-03-31).
- (1) Section 8 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (claimant’s credibility) is amended in accordance with subsections (2) to [(6)](https://www.legislation.gov.uk/ukpga/2022/36/section/19/6/2023-04-12).
- (2) After subsection (1) insert—
@@ -752,15 +752,15 @@
- (i) a statement setting out the matters described in section 120(2)(a) to (c) of the Nationality, Immigration and Asylum Act 2002 (reasons and grounds for application etc),
- (ii) any relevant status information (within the meaning given by section 58[(3)](https://www.legislation.gov.uk/ukpga/2022/36/section/58/3/2023-03-31)), and
- (ii) any relevant status information (within the meaning given by section 58[(3)](https://www.legislation.gov.uk/ukpga/2022/36/section/58/3/2023-04-12)), and
- (iii) any evidence in support of the matters mentioned in sub-paragraphs (i) and (ii), and
- (b) setting out the date (the “PRN cut-off date”) before which the PRN recipient must comply with that requirement.
- (4) The requirement in subsection [(3)(a)](https://www.legislation.gov.uk/ukpga/2022/36/section/20/3/a/2023-03-31) does not apply in relation to anything that the PRN recipient has previously provided to the Secretary of State or any other competent authority.
- (5) Subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/36/section/20/7/2023-03-31) applies if the PRN recipient provides the Secretary of State or any other competent authority with any statement, information or evidence mentioned in subsection [(3)(a)](https://www.legislation.gov.uk/ukpga/2022/36/section/20/3/a/2023-03-31) on or after the PRN cut-off date.
- (4) The requirement in subsection [(3)(a)](https://www.legislation.gov.uk/ukpga/2022/36/section/20/3/a/2023-04-12) does not apply in relation to anything that the PRN recipient has previously provided to the Secretary of State or any other competent authority.
- (5) Subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/36/section/20/7/2023-04-12) applies if the PRN recipient provides the Secretary of State or any other competent authority with any statement, information or evidence mentioned in subsection [(3)(a)](https://www.legislation.gov.uk/ukpga/2022/36/section/20/3/a/2023-04-12) on or after the PRN cut-off date.
- (6) Subsection (7) also applies if the PRN recipient provides the First-tier Tribunal, the Upper Tribunal (when acting in the circumstances mentioned in section 22(9)) or the Special Immigration Appeals Commission with any statement, information or evidence mentioned in subsection (3)(a) that—
@@ -792,7 +792,7 @@
- (2) In subsection (1) “*relevant claim*” means a protection claim or a human rights claim brought by the PRN recipient while the priority removal notice is in force.
- (3) For the purposes of subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/36/section/21/1/2023-03-31), the PRN recipient’s appeal rights in respect of a claim are exhausted at the time when—
- (3) For the purposes of subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/36/section/21/1/2023-04-12), the PRN recipient’s appeal rights in respect of a claim are exhausted at the time when—
- (a) the PRN recipient’s claim has been determined,
@@ -802,9 +802,9 @@
- (4) A priority removal notice remains in force until the end of the period mentioned in subsection (1) even if the PRN recipient ceases to be liable to removal or deportation from the United Kingdom during that period.
- (5) A priority removal notice may not be served on a person in relation to whom such a notice is already in force (but this does not prevent a further notice from being served once the previous notice ceases to be in force as mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/36/section/21/1/2023-03-31)).
- (6) Subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/36/section/21/7/2023-03-31) applies if the PRN recipient has previously been served with—
- (5) A priority removal notice may not be served on a person in relation to whom such a notice is already in force (but this does not prevent a further notice from being served once the previous notice ceases to be in force as mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/36/section/21/1/2023-04-12)).
- (6) Subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/36/section/21/7/2023-04-12) applies if the PRN recipient has previously been served with—
- (a) an evidence notice under section 18,
@@ -935,7 +935,7 @@
- (4) If an expedited section 82 appeal brought by a person is pending, any right that the person would otherwise have to bring a related appeal to the First-tier Tribunal is instead a right to bring it to the Upper Tribunal.
- (5) A related appeal within subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/36/section/24/3/2023-03-31) or brought to the Upper Tribunal as mentioned in [(4)](https://www.legislation.gov.uk/ukpga/2022/36/section/24/4/2023-03-31) is referred to in this section as an “*expedited related appeal*”.
- (5) A related appeal within subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/36/section/24/3/2023-04-12) or brought to the Upper Tribunal as mentioned in [(4)](https://www.legislation.gov.uk/ukpga/2022/36/section/24/4/2023-04-12) is referred to in this section as an “*expedited related appeal*”.
- (6) Tribunal Procedure Rules must make provision with a view to securing that the Upper Tribunal consolidates an expedited related appeal and the expedited section 82 appeal concerned or hears them together (and see section 82A(4) of the Nationality, Immigration and Asylum Act 2002).
@@ -1019,7 +1019,7 @@
- (2) Unless there are good reasons why the evidence was provided late, the deciding authority must, in considering it, have regard to the principle that minimal weight should be given to the evidence.
- (3) For the purposes of subsection (1)(a), evidence is provided “late” by a claimant if it is within subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/36/section/26/4/2023-03-31) or [(5)](https://www.legislation.gov.uk/ukpga/2022/36/section/26/5/2023-03-31).
- (3) For the purposes of subsection (1)(a), evidence is provided “late” by a claimant if it is within subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/36/section/26/4/2023-04-12) or [(5)](https://www.legislation.gov.uk/ukpga/2022/36/section/26/5/2023-04-12).
- (4) Evidence is within this subsection if—
@@ -1067,11 +1067,11 @@
##### 27
- (1) In this section “*accelerated detained appeal*” means a relevant appeal (see subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/36/section/27/6/2023-03-31)) brought—
- (1) In this section “*accelerated detained appeal*” means a relevant appeal (see subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/36/section/27/6/2023-04-12)) brought—
- (a) by a person who—
- (i) was detained under a relevant detention provision (see subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/36/section/27/7/2023-03-31)) at the time at which they were given notice of the decision which is the subject of the appeal, and
- (i) was detained under a relevant detention provision (see subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/36/section/27/7/2023-04-12)) at the time at which they were given notice of the decision which is the subject of the appeal, and
- (ii) remains in detention under a relevant detention provision, and
@@ -2085,7 +2085,7 @@
- (b) any matter arising after the date of the decision appealed against.
- (5) A determination on an appeal under subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/36/section/54/2/2023-03-31) is binding—
- (5) A determination on an appeal under subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/36/section/54/2/2023-04-12) is binding—
- (a) on the Secretary of State and immigration officers when exercising immigration functions in relation to P, and
@@ -2109,7 +2109,7 @@
- (4) The person who brings the appeal may make an application to the First-tier Tribunal for an order that, until the appeal is finally determined, withdrawn or abandoned, the local authority must exercise its functions under relevant children’s legislation in relation to the person on the basis that they are the age that they claim (or are claimed) to be.
- (5) Subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/36/section/55/6/2023-03-31) applies if it is alleged—
- (5) Subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/36/section/55/6/2023-04-12) applies if it is alleged—
- (a) that a document relied on by a party to an appeal is a forgery, and
@@ -2119,9 +2119,9 @@
- (a) must investigate the allegation in private, and
- (b) may proceed in private so far as necessary to prevent disclosure of the matter referred to in subsection [(5)(b)](https://www.legislation.gov.uk/ukpga/2022/36/section/55/5/b/2023-03-31).
- (7) Subsection [(8)](https://www.legislation.gov.uk/ukpga/2022/36/section/55/8/2023-03-31) applies in relation to—
- (b) may proceed in private so far as necessary to prevent disclosure of the matter referred to in subsection [(5)(b)](https://www.legislation.gov.uk/ukpga/2022/36/section/55/5/b/2023-04-12).
- (7) Subsection [(8)](https://www.legislation.gov.uk/ukpga/2022/36/section/55/8/2023-04-12) applies in relation to—
- (a) proceedings on an appeal, and
@@ -2218,7 +2218,7 @@
- (3) “Relevant status information” is information that may be relevant for the purpose of making a reasonable grounds decision or a conclusive grounds decision in relation to the recipient.
- (4) Subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/36/section/58/5/2023-03-31) applies if the recipient of a slavery or trafficking information notice provides the Secretary of State or competent authority with relevant status information on or after the specified date.
- (4) Subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/36/section/58/5/2023-04-12) applies if the recipient of a slavery or trafficking information notice provides the Secretary of State or competent authority with relevant status information on or after the specified date.
- (5) The recipient must also provide a statement setting out their reasons for not providing the relevant status information before the specified date (and see section 59).
@@ -2244,7 +2244,7 @@
- (3) For the purposes of this section, relevant status information is provided “late” by the person if it is provided on or after the date specified in the slavery or trafficking information notice.
- (4) In this section, “*relevant status information*” has the same meaning as in section 58 (see subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/36/section/58/3/2023-03-31) of that section).
- (4) In this section, “*relevant status information*” has the same meaning as in section 58 (see subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/36/section/58/3/2023-04-12) of that section).
#### Identification of potential victims of slavery or human trafficking
@@ -2252,7 +2252,7 @@
- (1) The Modern Slavery Act 2015 is amended as follows.
- (2) Section 49 (guidance about identifying and supporting victims) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/36/section/60/3/2023-03-31) and [(4)](https://www.legislation.gov.uk/ukpga/2022/36/section/60/4/2023-03-31).
- (2) Section 49 (guidance about identifying and supporting victims) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/36/section/60/3/2023-04-12) and [(4)](https://www.legislation.gov.uk/ukpga/2022/36/section/60/4/2023-04-12).
- (3) In subsection (1)—
@@ -2346,7 +2346,7 @@
##### 63
- (1) A competent authority may determine that subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/36/section/63/2/2023-03-31) is to apply to a person in relation to whom a positive reasonable grounds decision has been made if the authority is satisfied that the person—
- (1) A competent authority may determine that subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/36/section/63/2/2023-04-12) is to apply to a person in relation to whom a positive reasonable grounds decision has been made if the authority is satisfied that the person—
- (a) is a threat to public order, or
@@ -2378,7 +2378,7 @@
- (i) the person otherwise poses a risk to the national security of the United Kingdom.
- (4) In subsection [(3)(a)](https://www.legislation.gov.uk/ukpga/2022/36/section/63/3/a/2023-03-31), “*terrorist offence*” means any of the following (whenever committed)—
- (4) In subsection [(3)(a)](https://www.legislation.gov.uk/ukpga/2022/36/section/63/3/a/2023-04-12), “*terrorist offence*” means any of the following (whenever committed)—
- (a) an offence listed in—
@@ -2400,7 +2400,7 @@
- (ii) was, or took place in the course of, an act of terrorism or was done for the purposes of terrorism.
- (5) In subsection [(3)(b)](https://www.legislation.gov.uk/ukpga/2022/36/section/63/3/b/2023-03-31) “*corresponding offence*” means—
- (5) In subsection [(3)(b)](https://www.legislation.gov.uk/ukpga/2022/36/section/63/3/b/2023-04-12) “*corresponding offence*” means—
- (a) an offence under the law of Scotland or of Northern Ireland which corresponds to an offence listed in Schedule 4 to the Modern Slavery Act 2015;
@@ -2461,9 +2461,9 @@
- (4) Leave is not necessary for the purpose mentioned in—
- (a) subsection [(2)(a)](https://www.legislation.gov.uk/ukpga/2022/36/section/65/2/a/2023-03-31) if the Secretary of State considers that the person’s need for assistance is capable of being met in a country or territory within paragraph (a) or (b) of subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/36/section/65/5/2023-03-31) (or both);
- (b) subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2022/36/section/65/2/b/2023-03-31) if the Secretary of State considers that—
- (a) subsection [(2)(a)](https://www.legislation.gov.uk/ukpga/2022/36/section/65/2/a/2023-04-12) if the Secretary of State considers that the person’s need for assistance is capable of being met in a country or territory within paragraph (a) or (b) of subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/36/section/65/5/2023-04-12) (or both);
- (b) subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2022/36/section/65/2/b/2023-04-12) if the Secretary of State considers that—
- (i) the person is capable of seeking compensation from outside the United Kingdom, and
@@ -2475,7 +2475,7 @@
- (b) it is one to which the person may be removed in accordance with an agreement between that country or territory and the United Kingdom (which may be, but does not need to be, an agreement contemplated by Article 40(2) of the Trafficking Convention).
- (6) Subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/36/section/65/7/2023-03-31) applies if the Secretary of State is satisfied that—
- (6) Subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/36/section/65/7/2023-04-12) applies if the Secretary of State is satisfied that—
- (a) the person is a threat to public order, or
@@ -2483,13 +2483,13 @@
- (7) Where this subsection applies—
- (a) the Secretary of State is not required to grant the person leave under subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/36/section/65/2/2023-03-31), and
- (a) the Secretary of State is not required to grant the person leave under subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/36/section/65/2/2023-04-12), and
- (b) if such leave has already been granted to the person, it may be revoked.
- (8) Leave granted to a person under subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/36/section/65/2/2023-03-31) may be revoked in such other circumstances as may be prescribed in immigration rules.
- (9) Subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/36/section/63/3/2023-03-31) to [(7)](https://www.legislation.gov.uk/ukpga/2022/36/section/63/7/2023-03-31) of section 63 apply for the purposes of this section as they apply for the purposes of that section.
- (8) Leave granted to a person under subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/36/section/65/2/2023-04-12) may be revoked in such other circumstances as may be prescribed in immigration rules.
- (9) Subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/36/section/63/3/2023-04-12) to [(7)](https://www.legislation.gov.uk/ukpga/2022/36/section/63/7/2023-04-12) of section 63 apply for the purposes of this section as they apply for the purposes of that section.
- (10) In this section—
@@ -2654,7 +2654,7 @@
- (d) requires the applicant to pay £190 in connection with the making of such an application, in addition to any fee or other amount payable pursuant to any other enactment.
- (3) The Secretary of State may by regulations substitute a different amount for the amount for the time being mentioned in subsection [(2)(d)](https://www.legislation.gov.uk/ukpga/2022/36/section/70/2/d/2023-03-31).
- (3) The Secretary of State may by regulations substitute a different amount for the amount for the time being mentioned in subsection [(2)(d)](https://www.legislation.gov.uk/ukpga/2022/36/section/70/2/d/2023-04-12).
- (4) Before making visa penalty provision in relation to a specified country, the Secretary of State must give the government of that country reasonable notice of the proposal to do so.
@@ -2668,13 +2668,13 @@
- (c) include incidental, supplementary, transitional, transitory or saving provision.
- (7) Regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/36/section/70/3/2023-03-31)—
- (a) are subject to affirmative resolution procedure if they increase the amount for the time being specified in subsection [(2)(d)](https://www.legislation.gov.uk/ukpga/2022/36/section/70/2/d/2023-03-31);
- (7) Regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/36/section/70/3/2023-04-12)—
- (a) are subject to affirmative resolution procedure if they increase the amount for the time being specified in subsection [(2)(d)](https://www.legislation.gov.uk/ukpga/2022/36/section/70/2/d/2023-04-12);
- (b) are subject to negative resolution procedure if they decrease that amount.
- (8) Sums received by virtue of subsection [(2)(d)](https://www.legislation.gov.uk/ukpga/2022/36/section/70/2/d/2023-03-31) must be paid into the Consolidated Fund.
- (8) Sums received by virtue of subsection [(2)(d)](https://www.legislation.gov.uk/ukpga/2022/36/section/70/2/d/2023-04-12) must be paid into the Consolidated Fund.
- (9) In this section—
@@ -2702,7 +2702,7 @@
- (a) the extent of the action taken;
- (b) the likelihood of further action falling within subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/36/section/71/1/2023-03-31) being taken;
- (b) the likelihood of further action falling within subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/36/section/71/1/2023-04-12) being taken;
- (c) the reasons for the action being taken;
@@ -2748,11 +2748,11 @@
- (4) In this section—
- “*cooperating in relation to returns*” means cooperating as mentioned in subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2022/36/section/72/1/a/2023-03-31);
- “*cooperating in relation to returns*” means cooperating as mentioned in subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2022/36/section/72/1/a/2023-04-12);
- “*country*” and “*specified*” have the same meanings as in section 70;
- “*facilitating returns*” means facilitating the return of nationals or citizens to a country as mentioned in subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2022/36/section/72/1/a/2023-03-31).
- “*facilitating returns*” means facilitating the return of nationals or citizens to a country as mentioned in subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2022/36/section/72/1/a/2023-04-12).
#### Visa penalties under section 71: review and revocation
@@ -2762,11 +2762,11 @@
- (2) The Secretary of State must, before the end of each relevant period—
- (a) review the extent to which the country’s government is continuing to act in a way that, in the opinion of Secretary of State, has or is likely to have any of the consequences mentioned in section 71[(1)](https://www.legislation.gov.uk/ukpga/2022/36/section/71/1/2023-03-31), and
- (a) review the extent to which the country’s government is continuing to act in a way that, in the opinion of Secretary of State, has or is likely to have any of the consequences mentioned in section 71[(1)](https://www.legislation.gov.uk/ukpga/2022/36/section/71/1/2023-04-12), and
- (b) in light of that review, determine whether it is appropriate to amend the visa penalty provision.
- (3) If, at any time, the Secretary of State forms the opinion that, despite the fact that the country’s government has taken or is taking action as mentioned in section 71[(1)](https://www.legislation.gov.uk/ukpga/2022/36/section/71/1/2023-03-31), the visa penalty provision is not necessary or expedient in connection with—
- (3) If, at any time, the Secretary of State forms the opinion that, despite the fact that the country’s government has taken or is taking action as mentioned in section 71[(1)](https://www.legislation.gov.uk/ukpga/2022/36/section/71/1/2023-04-12), the visa penalty provision is not necessary or expedient in connection with—
- (a) the promotion of international peace and security,
@@ -2808,13 +2808,13 @@
- (a) “*visa penalty provision*” has the same meaning as in section 70;
- (b) “*cooperation in relation to returns*” means cooperation as mentioned in section 72[(1)(a)](https://www.legislation.gov.uk/ukpga/2022/36/section/72/1/a/2023-03-31).
- (b) “*cooperation in relation to returns*” means cooperation as mentioned in section 72[(1)(a)](https://www.legislation.gov.uk/ukpga/2022/36/section/72/1/a/2023-04-12).
#### Electronic travel authorisations
##### 75
- (1) The Immigration Act 1971 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/36/section/75/2/2023-03-31) to [(4)](https://www.legislation.gov.uk/ukpga/2022/36/section/75/4/2023-03-31).
- (1) The Immigration Act 1971 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/36/section/75/2/2023-04-12) to [(4)](https://www.legislation.gov.uk/ukpga/2022/36/section/75/4/2023-04-12).
- (2) After Part 1 insert—
@@ -2940,7 +2940,7 @@
##### 77
- (1) The Special Immigration Appeals Commission Act 1997 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/36/section/77/2/2023-03-31) to [(4)](https://www.legislation.gov.uk/ukpga/2022/36/section/77/4/2023-03-31).
- (1) The Special Immigration Appeals Commission Act 1997 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/36/section/77/2/2023-04-12) to [(4)](https://www.legislation.gov.uk/ukpga/2022/36/section/77/4/2023-04-12).
- (2) After section 2E insert—
@@ -2970,7 +2970,7 @@
- (4) In section 7 (appeals from the Commission), in subsection (1A), for “or 2E” substitute “, 2E or 2F”.
- (5) If subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/36/section/77/4/2023-03-31) comes into force before the day on which paragraph 26(5) of Schedule 9 to the Immigration Act 2014 comes into force, until that day subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/36/section/77/4/2023-03-31) has effect as if, in section 7(1A), for “or 2D” it substituted “, 2D or 2F”.
- (5) If subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/36/section/77/4/2023-04-12) comes into force before the day on which paragraph 26(5) of Schedule 9 to the Immigration Act 2014 comes into force, until that day subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/36/section/77/4/2023-04-12) has effect as if, in section 7(1A), for “or 2D” it substituted “, 2D or 2F”.
- (6) In section 115(8) of the Equality Act 2010 (immigration cases), for “section 2D and 2E” substitute “section 2D, 2E or 2F”.
@@ -3046,7 +3046,7 @@
##### 81
- (1) Tribunal Procedure Rules governing proceedings before the Tribunal (see subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/36/section/81/4/2023-03-31)) must prescribe conduct that, in the absence of evidence to the contrary, is to be treated as—
- (1) Tribunal Procedure Rules governing proceedings before the Tribunal (see subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/36/section/81/4/2023-04-12)) must prescribe conduct that, in the absence of evidence to the contrary, is to be treated as—
- (a) improper, unreasonable or negligent for the purposes of—
@@ -3255,7 +3255,7 @@
- (3) The following provisions come into force on the day on which this Act is passed—
- (a) section 10[(1)](https://www.legislation.gov.uk/ukpga/2022/36/section/10/1/2023-03-31) and [(6)](https://www.legislation.gov.uk/ukpga/2022/36/section/10/6/2023-03-31) to [(8)](https://www.legislation.gov.uk/ukpga/2022/36/section/10/8/2023-03-31) (effect of failure to give notice of pre-commencement decision to deprive a person of citizenship);
- (a) section 10[(1)](https://www.legislation.gov.uk/ukpga/2022/36/section/10/1/2023-04-12) and [(6)](https://www.legislation.gov.uk/ukpga/2022/36/section/10/6/2023-04-12) to [(8)](https://www.legislation.gov.uk/ukpga/2022/36/section/10/8/2023-04-12) (effect of failure to give notice of pre-commencement decision to deprive a person of citizenship);
- (b) sections 70, 71 and 73 (visa penalties in relation to countries posing a risk to international peace and security etc);
@@ -3620,9 +3620,9 @@
##### 19
- (1) The amendments made by paragraph [6](https://www.legislation.gov.uk/ukpga/2022/36/schedule/4/paragraph/6/2023-03-31) do not apply to a case in which the Secretary of State made the certification under paragraph 5(1) of Schedule 3 to the 2004 Act before the coming into force of paragraph 6 of this Schedule.
- (2) The amendments made by paragraphs [11](https://www.legislation.gov.uk/ukpga/2022/36/schedule/4/paragraph/11/2023-03-31), [13](https://www.legislation.gov.uk/ukpga/2022/36/schedule/4/paragraph/13/2023-03-31), [15](https://www.legislation.gov.uk/ukpga/2022/36/schedule/4/paragraph/15/2023-03-31) and [17](https://www.legislation.gov.uk/ukpga/2022/36/schedule/4/paragraph/17/2023-03-31) to the following provisions of Schedule 3 to the 2004 Act do not apply to a case in which the claim was certified as clearly unfounded by the Secretary of State before the coming into force of those paragraphs—
- (1) The amendments made by paragraph [6](https://www.legislation.gov.uk/ukpga/2022/36/schedule/4/paragraph/6/2023-04-12) do not apply to a case in which the Secretary of State made the certification under paragraph 5(1) of Schedule 3 to the 2004 Act before the coming into force of paragraph 6 of this Schedule.
- (2) The amendments made by paragraphs [11](https://www.legislation.gov.uk/ukpga/2022/36/schedule/4/paragraph/11/2023-04-12), [13](https://www.legislation.gov.uk/ukpga/2022/36/schedule/4/paragraph/13/2023-04-12), [15](https://www.legislation.gov.uk/ukpga/2022/36/schedule/4/paragraph/15/2023-04-12) and [17](https://www.legislation.gov.uk/ukpga/2022/36/schedule/4/paragraph/17/2023-04-12) to the following provisions of Schedule 3 to the 2004 Act do not apply to a case in which the claim was certified as clearly unfounded by the Secretary of State before the coming into force of those paragraphs—
- (a) paragraph 5(4);
@@ -4802,28 +4802,8 @@
[^key-5b1170c89e9694561230bf89258c4a01]: Sch. 5 para. 12 in force at Royal Assent for specified purposes, see [s. 87(1)(4)](https://www.legislation.gov.uk/ukpga/2022/36/section/87/1/4)(c)
[^key-8f0c56bdd0d16b8aadd06cc6382784b3]: Sch. 6 para. 1 not in force at Royal Assent, see [s. 87(1)](https://www.legislation.gov.uk/ukpga/2022/36/section/87/1)
[^key-9b6cd540a8c70e55ca7328809d1fc9f8]: Sch. 6 para. 2 not in force at Royal Assent, see [s. 87(1)](https://www.legislation.gov.uk/ukpga/2022/36/section/87/1)
[^key-1c3210b29a6d237534f025dd1d710946]: Sch. 6 para. 3 not in force at Royal Assent, see [s. 87(1)](https://www.legislation.gov.uk/ukpga/2022/36/section/87/1)
[^key-5dd849f868590e676dce2734819bdccb]: Sch. 6 para. 4 not in force at Royal Assent, see [s. 87(1)](https://www.legislation.gov.uk/ukpga/2022/36/section/87/1)
[^key-6ea8355527114e2059bc90f3feb37588]: Sch. 6 para. 5 not in force at Royal Assent, see [s. 87(1)](https://www.legislation.gov.uk/ukpga/2022/36/section/87/1)
[^key-ee22088ebef731776eeaeceb487d9e84]: Sch. 6 para. 6 not in force at Royal Assent, see [s. 87(1)](https://www.legislation.gov.uk/ukpga/2022/36/section/87/1)
[^key-eae6cb6395ae05712a34b40d2085c3d1]: Sch. 6 para. 7 not in force at Royal Assent, see [s. 87(1)](https://www.legislation.gov.uk/ukpga/2022/36/section/87/1)
[^key-12d7dd0273260b0969fb1d14c42b059d]: Sch. 6 para. 8 not in force at Royal Assent, see [s. 87(1)](https://www.legislation.gov.uk/ukpga/2022/36/section/87/1)
[^key-30e3827b3971309182876a34081f0732]: Sch. 6 para. 9 not in force at Royal Assent, see [s. 87(1)](https://www.legislation.gov.uk/ukpga/2022/36/section/87/1)
[^key-f4c8387637e6359bcbaf252631452d18]: Sch. 6 para. 10 not in force at Royal Assent, see [s. 87(1)](https://www.legislation.gov.uk/ukpga/2022/36/section/87/1)
[^key-7af8ed16a68fe0f8026309a6f8b22979]: Sch. 6 para. 11 not in force at Royal Assent, see [s. 87(1)](https://www.legislation.gov.uk/ukpga/2022/36/section/87/1)
[^key-e368609772c2c4d5f75877bba8532fb1]: Sch. 7 para. 1 not in force at Royal Assent, see [s. 87(1)](https://www.legislation.gov.uk/ukpga/2022/36/section/87/1)
[^key-8b767314c62b15319ebcd60a3f7a4189]: Sch. 7 para. 2 not in force at Royal Assent, see [s. 87(1)](https://www.legislation.gov.uk/ukpga/2022/36/section/87/1)
@@ -5104,6 +5084,30 @@
[^key-ac9d444e485987dbf3fe572aba4a2ed4]: [S. 51](https://www.legislation.gov.uk/ukpga/2022/36/section/51) in force at 31.3.2023 by [S.I. 2023/283](https://www.legislation.gov.uk/uksi/2023/283), [reg. 2(c)](https://www.legislation.gov.uk/uksi/2023/283/regulation/2/c) (with [reg. 5](https://www.legislation.gov.uk/uksi/2023/283/regulation/5))
[^key-44281392fab0e97c57718cadcacdaaa0]: [S. 43](https://www.legislation.gov.uk/ukpga/2022/36/section/43) in force at 12.4.2023 in so far as not already in force by [S.I. 2023/283](https://www.legislation.gov.uk/uksi/2023/283), [reg. 3(a)](https://www.legislation.gov.uk/uksi/2023/283/regulation/3/a)
[^key-27a92fc78fb8e20bade211e29bbd9117]: [Sch. 6 para. 1](https://www.legislation.gov.uk/ukpga/2022/36/schedule/6/paragraph/1) in force at 12.4.2023 in so far as not already in force by [S.I. 2023/283](https://www.legislation.gov.uk/uksi/2023/283), [reg. 3(b)](https://www.legislation.gov.uk/uksi/2023/283/regulation/3/b)
[^key-8c6d0322aa5177f5e14d3a6f20faf12b]: [Sch. 6 para. 2](https://www.legislation.gov.uk/ukpga/2022/36/schedule/6/paragraph/2) in force at 12.4.2023 by [S.I. 2023/283](https://www.legislation.gov.uk/uksi/2023/283), [reg. 3(b)](https://www.legislation.gov.uk/uksi/2023/283/regulation/3/b)
[^key-acb3fa35ab1e8ceaddb4810e4134dfc1]: [Sch. 6 para. 3](https://www.legislation.gov.uk/ukpga/2022/36/schedule/6/paragraph/3) in force at 12.4.2023 by [S.I. 2023/283](https://www.legislation.gov.uk/uksi/2023/283), [reg. 3(b)](https://www.legislation.gov.uk/uksi/2023/283/regulation/3/b)
[^key-d9e30199ffbfbc7ee4d3c098a54375b8]: [Sch. 6 para. 4(a)](https://www.legislation.gov.uk/ukpga/2022/36/schedule/6/paragraph/4/a) in force at 12.4.2023 by [S.I. 2023/283](https://www.legislation.gov.uk/uksi/2023/283), [reg. 3(b)](https://www.legislation.gov.uk/uksi/2023/283/regulation/3/b)
[^key-72d95004e09b54ac91562cf170973a26]: [Sch. 6 para. 5](https://www.legislation.gov.uk/ukpga/2022/36/schedule/6/paragraph/5) in force at 12.4.2023 by [S.I. 2023/283](https://www.legislation.gov.uk/uksi/2023/283), [reg. 3(b)](https://www.legislation.gov.uk/uksi/2023/283/regulation/3/b)
[^key-98b0673f6759af1ba7ac3675e56df10f]: [Sch. 6 para. 6](https://www.legislation.gov.uk/ukpga/2022/36/schedule/6/paragraph/6) in force at 12.4.2023 by [S.I. 2023/283](https://www.legislation.gov.uk/uksi/2023/283), [reg. 3(b)](https://www.legislation.gov.uk/uksi/2023/283/regulation/3/b)
[^key-3fdf09ce8bc6c62058c6373af7b17201]: [Sch. 6 para. 7](https://www.legislation.gov.uk/ukpga/2022/36/schedule/6/paragraph/7) in force at 12.4.2023 by [S.I. 2023/283](https://www.legislation.gov.uk/uksi/2023/283), [reg. 3(b)](https://www.legislation.gov.uk/uksi/2023/283/regulation/3/b)
[^key-fc38c928aa6589fc5c6eec1429db3a7f]: [Sch. 6 para. 8](https://www.legislation.gov.uk/ukpga/2022/36/schedule/6/paragraph/8) in force at 12.4.2023 by [S.I. 2023/283](https://www.legislation.gov.uk/uksi/2023/283), [reg. 3(b)](https://www.legislation.gov.uk/uksi/2023/283/regulation/3/b)
[^key-12b687615414154ee30d7ac5300a991b]: [Sch. 6 para. 9](https://www.legislation.gov.uk/ukpga/2022/36/schedule/6/paragraph/9) in force at 12.4.2023 by [S.I. 2023/283](https://www.legislation.gov.uk/uksi/2023/283), [reg. 3(b)](https://www.legislation.gov.uk/uksi/2023/283/regulation/3/b)
[^key-38bcb3e0c898c856c4b699739fb53cda]: [Sch. 6 para. 10](https://www.legislation.gov.uk/ukpga/2022/36/schedule/6/paragraph/10) in force at 12.4.2023 by [S.I. 2023/283](https://www.legislation.gov.uk/uksi/2023/283), [reg. 3(b)](https://www.legislation.gov.uk/uksi/2023/283/regulation/3/b)
[^key-6ce3683e6e9077f134780288c9a53222]: [Sch. 6 para. 11](https://www.legislation.gov.uk/ukpga/2022/36/schedule/6/paragraph/11) in force at 12.4.2023 by [S.I. 2023/283](https://www.legislation.gov.uk/uksi/2023/283), [reg. 3(b)](https://www.legislation.gov.uk/uksi/2023/283/regulation/3/b)
[^key-019a8a710f4ceb9ee1aa77899c3929ac]: [S. 76](https://www.legislation.gov.uk/ukpga/2022/36/section/76) extended (with modifications) (Guernsey) (coming into force in accordance with art. 1(1) of the amending S.I.) by [The Immigration (Guernsey) Order 2025 (S.I. 2025/1138)](https://www.legislation.gov.uk/uksi/2025/1138), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2025/1138/article/1/1), [2](https://www.legislation.gov.uk/uksi/2025/1138/article/2), [Schs. 1](https://www.legislation.gov.uk/uksi/2025/1138/schedule/1), [2](https://www.legislation.gov.uk/uksi/2025/1138/schedule/2)
#### Historical inability of mothers to transmit citizenship
@@ -5284,14 +5288,18 @@
This is the Schedule to be inserted after Schedule 19A to the Criminal Justice Act 2003—
#### Amendments to the British Nationality Act 1981
#### Consequential amendment
This is the Schedule to be inserted after Schedule 4 to the British Nationality Act 1981—
#### Amendments to section 77 of the Nationality, Immigration and Asylum Act 2002
#### Amendments to Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004: introductory
#### Immigration Act 1971 (c. 77)
#### Immigration, Asylum and Nationality Act 2006 (c. 13)
This is the Schedule to be inserted after Schedule 19A to the Criminal Justice Act 2003—
#### Immigration, Asylum and Nationality Act 2006 (c. 13)
This is the Schedule to be inserted after Schedule 19A to the Criminal Justice Act 2003—
2023-03-31
Nationality and Borders Act 2022
2023-02-13
Nationality and Borders Act 2022
2023-01-30
Nationality and Borders Act 2022
2022-11-23
Nationality and Borders Act 2022
2022-08-24
Nationality and Borders Act 2022
2022-06-28
Nationality and Borders Act 2022
2022-05-26
Nationality and Borders Act 2022
2022-04-28
Nationality and Borders Act 2022
original version
Text at this date